1992-04984-Resolution No. 92-003 Recorded 1/27/199292-04984
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO
In the Matter of the Petition for *
Incorporation of the Proposed City *
of Sunriver -- Tentative Decision
RESOLUTION NO. 92-003 0108 1155
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
9-'
REVIEWED
COUNSEL
WHEREAS, a petition for incorporation of a new City of Sunriver
has been filed pursuant to ORS Chapter 221; and
WHEREAS, ORS 221.040(2) provides that, upon the filing of a
petition for incorporation, the Deschutes County Board of
Commissioners shall conduct a public hearing upon the merits of the
petition; and
WHEREAS, ORS 197.175(1) makes the Board's consideration of a
petition to incorporate a new city an exercise of County planning and
zoning responsibility; and
WHEREAS, ORS 221.040(2) authorizes the Board to alter the
boundaries of the proposed city to include all territory that may be
benefitted by the formation of the city but must first provide owners
and residents of property within such additional territory notice and
opportunity to present evidence and argument on the applicable
issues; and
WHEREAS, the Board, upon notice duly given, commenced the
required public hearing on the proposed petition on December 10,
1991; and
WHEREAS, the Board, upon making a tentative determination that
additional areas would be benefitted if the proposed city should be
incorporated, caused the required notice to be given to the affected
persons and continued the public hearing to January 7, 1992; and
WHEREAS, the Board closed the oral record after taking testimony
on January 7, 1992, and held the written record open for all
participants through January 14, 1992; and
WHEREAS, the Board has invited and received post- hearing legal
memoranda from participants; and
WHEREAS, the Board has now considered all of the written and
oral testimony and argument submitted concerning the proposed
incorporation; and
WHEREAS, it is necessary to give the parties and staff direction
necessary to prepare findings supporting the Board's final decision
in this matter;
1 - RESOLUTION NO. 92 -003
u,.
5R.
Fij ED
CIAO
1992
0108 1156
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as indicated by the Board's preliminary answers to
the following questions,
1. Should the petition be approved as submitted?
2. Should the petition be denied?
3. Should the petition be approved but modified
to include additional territory?
4. Should the petition be approved but modified
to exclude territory within the boundaries
as originally proposed?
Yes
Yes
Yes
No
5. If the petition should be approved with
modifications, what modifications should Map 10 be made? Ma No.
6. Is the tax base proposed by the petition
adequate under the circumstances? Yes s No
7. Have petitioners demonstrated that adequate
public facilities and services will be
provided? Yes
8. Have petitioners demonstrated that it is
likely that the proposed city will comply
with applicable statewide planning goals? Yes
These tentative determinations are intended as guidance to
county staff and parties in preparing appropriate findings for
consideration and potential adoption by the Board at the time of its
final decision. Counsel for prevailing parties are requested to file
and serve proposed findings by no later than January 30, 1992. Other
parties who wish to propose alternative filings may do so by the same
date.
DATED this
Ald/L.4_
Recording Secretary / D MAUDLIN,'Chzlirman
Lday of January, 199
BOARD OF 'OUNTY COMMISSIONERS
OF DE DES COUNTY, OREGON
ission =r
mmissioiier
2 - RESOLUTION NO. 92 -003